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(영문) 서울중앙지방법원 2016.08.25 2016노1655
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the lower court (an order to provide community service order with a prison term of 2 years and 80 hours, and an order to attend a law-abiding driving lecture for 40 hours) is deemed to be too uneasy and unreasonable.

2. In full view of all other circumstances, including the fact that there is no change of circumstances to change the sentence of the court below in addition to the unfavorable circumstances (such as the fact that the court below was punished three times due to drinking driving, the fact that the amount of alcohol content in blood was significantly high, etc.) or favorable circumstances (such as the violation of the punishment, the fact that there was no criminal record of imprisonment or heavier punishment, the fact that there was no damage to the victim, and the fact that there was an agreement with the victim immediately after the accident) and other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, sexual behavior, and the circumstances after the

It does not seem that it does not appear.

The prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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